This story was covered in Financial News, Law360, Personnel Today and The Banker.
Unprecedented case
Partner Philip Cameron and Senior Associate Ben Smith of Littler represented Commerzbank in Employment Tribunal proceedings which began in 2024. On 19 February 2026, the case came to a close in the Court of Appeal where Damilare Ajao was sentenced to eight months in prison for lying about having been sexually assaulted by a colleague.
Philip Cameron says: “This is a landmark case that could significantly affect how employees approach Employment Tribunal proceedings. It is unprecedented for misleading or false evidence submitted to an Employment Tribunal to lead to a witness or a party being imprisoned.”
“An 8-month custodial sentence is a serious outcome in contempt proceedings, which are often punished by a fine. It highlights the exceptional nature of the case and serves as the severest warning that there can be serious consequences for deliberately misleading a tribunal.”
Will This Change Behaviour?
“It is hoped that this landmark case will serve as a warning as to how witness give evidence to Employment Tribunal proceedings. Tribunals may seem like a relatively informal forum, but in fact that are not. Employment Tribunals are part of the court system and must be treated with respect”, comments Ben Smith.
“The severity of a custodial sentence (the maximum custodial sentence is two years) and this particular judgment sends a wider message.”
“Some witnesses exaggerate their evidence, present evidence out of context or, in a few cases, knowingly tell lies.”
“Not telling the truth is a serious matter. Some witnesses fail to consider the impact this can have on the careers and reputations of colleagues that they are accusing and the reputational impact on the business as a whole. They also need to think about their own careers and reputations that can be destroyed by not being truthful.”
“The outcome also challenges the perception that Employment Tribunal proceedings carry limited consequences. This case makes clear that the process demands the same standards of conduct as any other court.”
Respect and Honesty in Legal Proceedings is Not Optional
“The ruling also serves as a reminder that Employment Tribunals are courts of law and must be treated with respect. Claims should not be pursued without proper foundation, as doing so leads to unnecessary proceedings and costs.”
“Cases of this nature should not discourage individuals with legitimate reasons from pursuing claims. Employment Tribunals remain a vital part of the justice system. At the same time, the process depends on honesty and seriousness from all parties.”
